Painting franchise fined for misleading conduct

Pedrini Franchising Pty Ltd (reg. BC7215) and its directors Mark Pedrini, who is also the company’s nominated supervisor (PC7215 and PP7356), and Natalie Pedrini have been ordered by the State Administrative Tribunal to pay fines totalling $6,000 and costs of $975 as a result of disciplinary action by the Building Services Board.

In a settlement reached on 16 March 2016, Pedrini Franchising was found to have engaged in misleading or deceptive conduct in connection with the contracting for and carrying out of painting work at a Marmion property in 2013. The contract was for internal and external painting work valued at $7,512.

Mark Pedrini quoted for the painting work and provided the owners with a terms and conditions document stating that ‘All work is carried out by registered trades people’.

The company represented to the owners that the contracted painting work would be carried out by a registered painter and failed to advise the owner that the franchisee who carried out the work was not registered.

The SAT ordered Pedrini Franchising to pay a fine of $3,000 and costs of $975. As the directors, Mark and Natalie Pedrini were fined $1,500 each.

The painting work at the Marmion property was carried out between March and April 2013 by director of Jackal Nominees Pty Ltd, Fortunato (John) Giovanni Del Fante, trading as Pedrini Painting – Del Fante, who did not hold a painter registration.

Mr Del Fante was successfully prosecuted by the Building Commissioner in the Perth Magistrates Court on 30 October 2015 for registration and contractual offences, including those committed in relation to work at the Marmion property. The court ordered Jackal Nominees Pty Ltd and Mr Del Fante to pay fines of $10,000 and costs of $414.60 each. The Building Commission issued this media statement about the prosecution: www.commerce.wa.gov.au/announcements/painting-company-and-director-fined. Mr Del Fante became a registered painting contractor and practitioner in January 2015 (reg. PP100134 & PC100095).

“Pedrini Franchising’s conduct deprived the owners of their right to choose a painter who was entitled to carry out painting work and of the assurance that their painter held the necessary qualifications, knowledge and experience to carry out work according to the appropriate standards,” Building Commissioner Peter Gow said.

“The Building Commission will continue to hold to account and name those who put consumer interests and the reputation of the building industry at risk.”